Mick Fabar Constructions Pty Ltd v Robert Symes & Kim Louise Filmer [2015] NSWCATAP 123

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mick Fabar Constructions Pty Ltd v Robert Symes & Kim Louise Filmer [2015] NSWCATAP 123 Hearing dates: 20 May 2015 Date of orders: 26 June 2015 Decision date: 26 June 2015 Jurisdiction: Appeal Panel Before: The Hon D.Cowdroy QC, Principal Member S.Thode, Senior Member Decision: The application for leave be dismissed. The appeal be dismissed. Each party pay its own costs of the appeal, unless, within 21 days, either party makes an application for a different order, in which event the costs will be reserved. In the event that either party seeks an order as to costs in its favour, the following is to apply: The party of such application is to file a short submission of no more than three pages stating why costs should be paid by the other party. A party claiming costs shall file and serve submissions in support of such claim within 7 days of the making of these orders. Each party is to respond, in no more than three pages, to any application for costs within 7 days of receipt of the other party's application. The Appeal Panel will then determine the issue of costs on the papers. Catchwords: Administrative Law - Appeal – Civil and Administrative Tribunal - Work Order pursuant to s48O of the Home Building Act 1989 – exercise of discretion to make a work order Legislation Cited: Home Building Act 1989 Cases Cited: Collins v Urban [2014] NSWCATAP 17; Polites v Commissioner of Taxation (Cth) (1988) 16 ALD 707; Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280; Wainohu v The State of New South Wales (2011) 243 LR 181; Sydney Supermarkets Pty Ltd v Xu [2009] NSWADTAP 28 Category: Principal judgment Parties: Mick Fabar Constructions Pty Ltd (Appellant) Robert Symes & Kim Louise Filmer (Respondents) Representation: Mr Young, for the Appellant Ms Fraser & Ms Webb, for the Respondents File Number(s): AP 14/60533 Publication restriction: None Decision under appeal Court or tribunal: NCAT Jurisdiction: Consumer and Commercial Division Date of Decision: 25 November 2014 Before: D. Goldstein Senior Member File Number(s): HB 10/44392